By Euan Dow on 25/01/2006 00:00
Criminal Appeal - Bill of Advocation - Sheriff's d
On 5 August 2005 the respondent in this Bill of Advocation appeared at Paisley Sheriff Court for trial on a charge of having contravened section 7 of the Road Traffic Act 1988 on 19 March 2005. Albeit there had been an intermediate diet on the 21 July 2005 (at which there was no indication of Crown witness difficulties) the 5 August 2005 was the first time the case had called for trial. The Crown required two police witnesses, one of whom was present, one of whom was at a course but was on "Stan ...
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By Euan Dow on 24/01/2006 00:00
Criminal Appeal - Evidence- Moorov Doctrine:
On 31 March 2004 the appellant was convicted on indictment at Glasgow Sheriff Court of four statutory charges of lewd, indecent and libidinous practices and one charge of indecent assault. The complainers were four girls each of whom was a pupil at a secondary school where the appellant was a teacher. The charges of which he was convicted were (1) a charge of lewd, indecent and libidinous practices against LM, committed at the school and at an address in the same town on various occasions betwee ...
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By Euan Dow on 13/01/2006 00:00
Criminal Appeal against Conviction
The Appellant was convicted at Glasgow High Court following trial on 19 November 2002 of a contravention of S. 4(3)(b) Misuse of Drugs Act 1971 and was sentenced to 8 years imprisonment, The conviction alone was appealed. Leave to appeal was granted by 3 sift judges on 27 November 2003. The grounds of appeal related to defective representation due to a failure by the defence prior to the trial to take adequate steps to ascertain the identity of a possible incriminee who was subject to police sur ...
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By Euan Dow on 11/01/2006 00:00
Evidence - Sufficiency - Moorov doctrine:
The Appellant appeared on indictment at the High Court in Glasgow on 25th May 2004 on 4 charges of lewd, indecent and libidinous practices against his two daughters J and B (charges 1-4) and a charge of attempted rape on various occasions of B when she was aged 16-23 (charge 5). A No Case to Answer submission was made on behalf of the Appellant at the end of the Crown case on the basis that there was insufficient interconnection between the charges to allow the application of the Moorov doctrine ...
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By Euan Dow on 01/12/2005 00:00
Criminal:Appeal By Way of Stated Case
Appeal by way of stated case against verdicts of not guilty which were returned by the sheriff at Kirkcaldy in respect of four charges on a complaint against the respondent. Road Traffic Offence. Although the respondents evidence that he had not been the driver of a vehicle travelling at 156 mph in a 70 zone and whilst on his mobile phone was rejected the sheriff did accept his evidence to the effect that he had not received a notice of intended prosecution in respect of certain of the alleged o ...
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By Euan Dow on 30/11/2005 00:00
Appeals remitted to court of three judges in order that it may consider the implication of the practice of justices using sentencing guidelines which have been devised for that court.
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By Euan Dow on 25/11/2005 00:00
This appeal is concerned with the fact that when the indictment to which the accused pled partially guilty called before the presiding sheriff she in fact deferred sentence for one day beyond the four weeks that is allowed by section 201 of the Criminal Procedure (Scotland) Act.
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By Euan Dow on 25/11/2005 00:00
Sift Procedure: Significance of the requirement that the leave of the court is to be on cause shown in terms of Section (8) of section 107 of the Criminal Procedure Scotland Act 1995. "Where the arguable grounds of appeal are specified by virtue of subsection (7) above it shall not except by leave of the High Court on cause shown be competent for the appellant to found any aspect of his appeal on any ground of appeal contained in the note of appeal but not so specified".
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By Euan Dow on 18/11/2005 00:00
Appeal Against Conviction and Sentence:
The appellant was convicted of witnessing and countenancing criminal conduct by her co-accused towards her daughter Carlanicole Bone and willfully failing to protect her. A cumulo sentence of three years detention with a supervised release order of one years duration was imposed on the appellant. The grounds of appeal are that parental responsibility towards the deceased does not involve criminal responsibility for the failure to protect the child or to intervene in the assault perpetrated by th ...
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By Euan Dow on 17/11/2005 00:00
Punishment Parts affecting mandatory life prisoners. Case relates to the transitional provisions of the Convention Rights (Compliance) (Scotland) Act 2001 (the 2001 Act) (the 2001 Act). The present appeal is one of several transitional cases in which the appellant did not have a PRC date when the punishment part was imposed but where it might have been argued that he had reasonable cause to expect a review date earlier than would now be possible in consequence of the punishment part. The questio ...
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